The European Court of Justice has distorted the purpose of the Essay

The European Court of Justice has distorted the purpose of the preliminary ruling procedure, as set out in Article 234 EC. The relationship between the nationa - Essay Example ompliance with EC law by the member states have compelled the European Court of Justice or ECJ, to formulate a general principle of state responsibility. This state liability is the result of the fact that EU Member States have to perforce, implement and enforce the EC law. Further, it is the duty of the national courts to decide on cases entailing violation of EC law granted rights of individuals. The doctrine of supremacy of Community law, which is well entrenched, states that the national law of the member states is subservient to the Community law. This doctrine applies not only to primary but also to secondary Community law and in case of a dispute between Community law and national law; the Community law has to be accorded predominance over the national law. Article 10 of the EC describes the various obligations that Member States have to fulfil in order to comply with the EC law. The preliminary reference procedure set out in Article 234 of the EC defines a formal relationship between the European Court of Justice and the national courts. The importance of this procedure lies in the fact that it is used to establish consistent rules, which the national courts have to follow in order to enforce EC law. The result was that the national courts became part of a â€Å"supra-national judicial hierarchy, with the European Court at its apex1.† Under the aegis of Article 234 EC, the ECJ developed the judicial system of the EU. As per the provisions of Article 234, if any clarification are required on questions of EC law, then any ‘court or tribunal may if it considers that a decision on the question is necessary to enable it to give judgement, require the Court of Justice to give a ruling thereon’. Due to such intervention, all national courts are empowered to make direct references to the ECJ. The ECJ was allotted a paramount position in the national judicial systems by Article 234 EC, which states that â€Å"Where any such question is raised in a case pending

Cisco Australia Case Study Example | Topics and Well Written Essays - 3000 words

Cisco Australia - Case Study Example The company could well be on its way to wearing Australia's best employer crown. So what is Cisco all about Cisco, which was founded in 1984 by two computer scientists from Stanford University, began life as a manufacturer of routing systems. Since it sold its first router in 1986, the company has more than lived up to its vision of 'Changing the Way We Live, Work, Play and Learn'. Apart from its core development areas of routing and switching, Cisco has now branched into various technology-related fields like IP communications, wireless LAN, home networking, application networking services, network security, storage area networking and video systems. The company, which has its corporate headquarters in San Jose, California, soon became one of the leaders in the global networking industry with a presence in over 115 countries. Today, it has a 47,000-strong employee base. Using the acquisition-partnership route, Cisco managed to make inroads into multiple fields. Today, Cisco's products provide solutions to a wide range of customers from business enterprises like corporations and government agencies to educational and research institutions. In 1994 Cisco set up base in Sydney, Australia, which was one of the company's first operations outside the United States. Today, Cisco Australia operates from around six cities and has over 600 employees on its payrolls. Australia is home to the company's Asia Pacific Technical Assistance Centre and Customer Assurance Group. Here's a list of the awards that the decade-old Cisco Australia won: Prime Minister's Award for Community Business Partnerships in August 2001. No 1 in the Hewitt Associates survey "Best Employers to Work for in Australia" in the under 1,000 employees category in 2002 and 2003 MAS National Award for Corporate Citizenship at the 2005 Australian HR Awards. [B(1.1)] Does Cisco Fit The New Workplace One of the main reasons for Cisco's almost meteorical rise to success was its ability to adapt to the new work order. Around 15 years ago, the same time that Cisco began operations; the new workplace became an important word in management parlance. Computers and the Internet were changing the way the world worked. Managers realized they needed to implement solid workplace strategies, to provide the infrastructure for enabling global, 24x7 work processes and remote collaboration "anytime, anyplace." (Aperture Technologies 2006, online ) This 'anytime, anyplace' strategy proved extremely beneficial for both organizations and their employees. It gave them considerable freedom, as they could now be mobile and work from just about anywhere. Freed from geographical and time constraints, an organization's managers could employ qualified people from just about anywhere in the world. A look at Cisco's growth graph during the past 20 years shows that in just over a decade, the company had spread its wings across continents. It managed to get the best in terms of qualified employees and a bigger customer base. A downside of this new workplace was that it put a strain on the companies' infrastructure and also affected workplace dynamics. This meant that enabling and empowering employees with a superior workplace was of paramount importance to the